Rajesh Raushan @ Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14972 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== RAJESH RAUSHAN @ RAJESH KUMAR SON OF LATE MAUJI RAM R/O VILLAGE- SARANGPUR (PURVI), P.S.- TAJPUR (HALAI O.P.) AND DISTRICT- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Prakash Sahay For the Opposite Party/s :
Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (A) of the Bihar Prohibition & Excise Act.
As per the prosecution case, 1355.40 liter of illicit liquor has been recovered from a Tata Magic and 303 liter of illicit liquor from a Maruti car. Name of petitioner has transpired in the case on the basis of disclosure made by coaccused, Kailash Ram. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way
Patna High Court CR. MISC. No.14972 of 2022(3) dt.22-07-2022 2/2 concerned with the alleged recovery. Petitioner is neither driver nor owner of the vehicle in question.
Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act-II, Samastipur in connection with Tajpur (Halai OP) PS case No.409/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J) BKS/- U T